Download or read book DETERRING UNCONSTITUTIONAL POLICING written by Thomas J. Martinelli and published by . This book was released on 2021-05-26 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: As punctuated through recent events, societal perceptions are that American policing continues to fail in its mission, to protect and preserve. Whether because of institutionalized prejudices that emphasize an "us versus them" mentality, reinforced through warrior training tactics, or poor recruiting, training, leadership and discipline, or a combination of these factors, the police profession continues to be challenged in its mission to deliver police services to the very citizens they swore to serve. The challenge now is to recognize the profession's shortcomings regarding indifference, negligence, intentional acts and their cover-ups and the costs associated with such unconstitutional policing tactics. We must all learn from them, police and citizens alike, to better police service and citizen expectations. These are preventable, compensable acts of liability that are the direct result of inadequate legal training, poor supervision, dysfunctional police organizations and occupational prejudices against the disenfranchised, the marginalized and the less fortunate. The profession must focus on comprehensively training the next generation of officers regarding these breaches of duty that dilute the public's trust in their law enforcement. As well, civic leaders and citizens must appreciate what and how costly unconstitutional police acts are and hold their agencies accountable for such malpractice. Such acts taint the profession, tarnish the public's perceptions, cost taxpayers exponentially in jury awards and settlements and deplete a department's morale. Noble integrity is a training concept that defines and refines the balance between the constitutional limitations of badge authority with the guardian/warrior mindset, demonstrated through an oath-based training approach. It exemplifies the Intelligence Led Policing philosophies of self-policing, Unit policing, whisteblowing, audits and purges and hierarchical accountability. By referencing U.S. Supreme Court cases the reader is better educated in the nuances and standards of constitutional police procedures, coupled with police malpractice incidents that have cost officers their jobs, department's the public's trust and municipalities in crippling legal fees. "Doing the noble thing" must be the standard and mantra for 21st century policing to begin the police-community healing. But it is the police profession that must begin this healing process in changing its officers' mindset. The challenge today is enlightening, thus empowering, all students of policing as to the legal and ethical standards our police officers must be held to in order to improve police-community relations and reduce municipal civil liability. This includes, but is not limited to discussions regarding Constitutional Law, Qualified Immunity, De-escalation measures, Violations of the Oath of Office, the temptations of the profession and national de-certification indexes. Quality of character matters in all facets of policing and is a defense to allegations of police malpractice and breaches of the oath.
Download or read book Proactive Policing written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2018-03-23 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.
Download or read book Operation of the Exclusionary Rule written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice and published by . This book was released on 1983 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stop and Frisk written by Michael D. White and published by NYU Press. This book was released on 2019-07-01 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2019 Outstanding Book Award, given by the American Society of Criminology’s Division of Policing Section The first in-depth history and analysis of a much-abused policing policy No policing tactic has been more controversial than “stop and frisk,” whereby police officers stop, question and frisk ordinary citizens, who they may view as potential suspects, on the streets. As Michael White and Hank Fradella show in Stop and Frisk, the first authoritative history and analysis of this tactic, there is a disconnect between our everyday understanding and the historical and legal foundations for this policing strategy. First ruled constitutional in 1968, stop and frisk would go on to become a central tactic of modern day policing, particularly by the New York City Police Department. By 2011 the NYPD recorded 685,000 ‘stop-question-and-frisk’ interactions with citizens; yet, in 2013, a landmark decision ruled that the police had over- and mis-used this tactic. Stop and Frisk tells the story of how and why this happened, and offers ways that police departments can better serve their citizens. They also offer a convincing argument that stop and frisk did not contribute as greatly to the drop in New York’s crime rates as many proponents, like former NYPD Police Commissioner Ray Kelly and Mayor Michael Bloomberg, have argued. While much of the book focuses on the NYPD’s use of stop and frisk, examples are also shown from police departments around the country, including Philadelphia, Baltimore, Chicago, Newark and Detroit. White and Fradella argue that not only does stop and frisk have a legal place in 21st-century policing but also that it can be judiciously used to help deter crime in a way that respects the rights and needs of citizens. They also offer insight into the history of racial injustice that has all too often been a feature of American policing’s history and propose concrete strategies that every police department can follow to improve the way they police. A hard-hitting yet nuanced analysis, Stop and Frisk shows how the tactic can be a just act of policing and, in turn, shows how to police in the best interest of citizens.
Download or read book The Exclusionary Rule Bills written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law and published by . This book was released on 1982 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023 with total page 1550 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law school casebook for students enrolled in Criminal Procedure courses"--
Download or read book Investigative Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Law school casebook for Criminal Procedure"--
Download or read book Harvard Law Review Volume 129 Number 8 June 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-06-10 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The June 2016 issue, Number 8, features these contents: • Article, "Systemic Facts: Toward Institutional Awareness in Criminal Courts," by Andrew Manuel Crespo • Book Review, "Fixing Statutory Interpretation," by Brett M. Kavanaugh • Book Review, "Knowledge and Politics in International Law," by Samuel Moyn • Note, "Major Question Objections" • Note, "Chinese Common Law? Guiding Cases and Judicial Reform" • Note, "OSHA’s Feasibility Policy: The Implications of the ‘Infeasibility’ of Respirators" Furthermore, student commentary analyzes Recent Cases on sex-discrimination implications of gender-normed FBI fitness requirements; trademark law and the antidisparagement rule as a constitutional problem; practical elimination of the adverse-interest exception as a defense to fraud-on-the-market claims; deference to administrative agency’s amicus brief’s interpretation of student-loan regulations; parties' analysis of fair use before issuing copyright-violation takedown notice; causation standards for penalty enhancement in Controlled Substances Act cases; and admiralty jurisdiction and removal to federal court after a 2011 amendment to 28 USC § 1441. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible graphics from the original, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the eighth and final issue of academic year 2015-2016.
Download or read book The Bill of Rights in Modern America written by David J. Bodenhamer and published by Indiana University Press. This book was released on 2022-04-05 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the 2020s began, protestors filled the streets, politicians clashed over how to respond to a global pandemic, and new scrutiny was placed on what rights US citizens should be afforded. Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states' rights. Accessible and easy to read, the discerning research offered in The Bill of Rights in Modern America will help inform critical discussions for years to come.
Download or read book Law 101 written by Jay M. Feinman and published by Oxford University Press, USA. This book was released on 2000 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps most important, we learn that law is voluminous and complex, but accessible to everyone."--BOOK JACKET.
Download or read book California Supreme Court Records and Briefs written by California (State). and published by . This book was released on with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Appeal Case(s): C010119 Number of Exhibits: 1
Download or read book Managed Dissent written by Timothy Zick and published by Cambridge University Press. This book was released on 2023-05-11 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mass street demonstrations that followed the 2020 police murder of George Floyd were perhaps the largest in American history. These events confirmed that even in a digital era, people rely on public dissent to communicate grievances, change public discourse, and stand in collective solidarity with others. However, the demonstrations also showed that the laws surrounding public protest make public contention more dangerous, more costly, and less effective. Police fired tear gas into peaceful crowds, used physical force against compliant demonstrators, imposed broad curfews, limited the places where protesters could assemble, and abused 'unlawful assembly' and other public disorder laws. These and other pathologies epitomize a system in which public protest is tightly constrained in the name of public order. Managed Dissent argues that in order to preserve the venerable tradition of public protest in the US, we must reform several aspects of the law of public protest.
Download or read book Exclusionary Rules in Comparative Law written by Stephen C. Thaman and published by Springer Science & Business Media. This book was released on 2012-12-31 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
Download or read book The Rights of the Accused written by Kermit Hall and published by Taylor & Francis. This book was released on 2000 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2021-10-27 with total page 1872 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Cases in Contextplaces primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. New to the Fourth Edition: New unit on Criminal Procedure cases taught from the perspective of constitutional law. Integrated with twelve-hour video library that brings Supreme Court cases to life Includes decisions from the Roberts Court through June 2021 Professors and student will benefit from: An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court’s most important decisions to life. The casebook is published in two paperback “splits.” The first split can be used for Constitutional Law I (Structure). The second split can be used for Constitutional Law II (Rights). The splits sell for half the price of the hardcover casebook. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases that are grouped together into assignments making it simple for professors to construct syllabi, and assign students a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life. A new supplement for Fall 2021 that includes all cases from the recently-concluded Supreme Court term.
Download or read book Criminal Procedure written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2018-01-31 with total page 1755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the investigation phase of criminal procedure, Criminal Procedure: Investigation combines Laurie L. Levenson’s first-hand experience in the criminal justice system with Erwin Chemerinsky’s student-friendly writing style. The Third Edition examines the impact of a host of recent developments in the courts and legislature on the process investigating crime. It eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. The book utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to matters related to habeas corpus relief. In addition to presenting the perspectives from various stakeholders, the authors take care to provide students with useful, practice-oriented materials. Criminal Procedure: Investigation not only employs a systemic approach that takes students through issues from policy to application of legal doctrine but also introduces issues at the forefront of modern criminal procedure debates. Key Features: Straightforward writing style and clear, dynamic text that is uncluttered with law review excerpts and features thoughtfully edited principal and minor cases. Intuitive chronological presentation of topics. Systematic and cohesive exploration of policy on every issue, before moving on to the specifics of doctrine. Practice-oriented features and discussion of important, modern criminal procedure issues. Approachable organization based on common progression through criminal justice system. Straight writing style that relies on cases and author essays rather than law review excerpts and strict Socratic rhetoric questions. Practice-oriented features, discussion of modern policy issues, useful example documents for practitioners. Useful examples for future and current criminal law practitioners.
Download or read book Rethinking Criminal Law written by George P. Fletcher and published by Oxford University Press. This book was released on 2000-06-29 with total page 927 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.
